Oklahoma Supreme Court

Last updated
Oklahoma Supreme Court
Oklahoma State Capitol - Supreme Court (2522082037).jpg
The offices of the Oklahoma Supreme Court, when it met in the Oklahoma State Capitol
Established1907
CountryFlag of Oklahoma.svg  Oklahoma
Flag of the United States.svg  United States
Location Oklahoma City, Oklahoma
Composition method Gubernatorial appointment with non-partisan statewide retention
Authorized by Oklahoma Constitution
Decisions are appealed to Supreme Court of the United States
Judge term lengthLife, renewable every 6 years
No. of positions9
Website Official website
Chief Justice
Currently Doug Combs
Since2016
Jurist term endsJanuary 8, 2023
Seal of Oklahoma.svg
This article is part of a series on the
politics and government of
Oklahoma

The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the judiciary of Oklahoma, the judicial branch of the government of Oklahoma. [1]

The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and highcourt of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.

U.S. state constituent political entity of the United States

In the United States, a state is a constituent political entity, of which there are currently 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory and shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders. Four states use the term commonwealth rather than state in their full official names.

Oklahoma State of the United States of America

Oklahoma is a state in the South Central region of the United States, bordered by Kansas on the north, Missouri on the northeast, Arkansas on the east, Texas on the south, New Mexico on the west, and Colorado on the northwest. It is the 20th-most extensive and the 28th-most populous of the fifty United States. The state's name is derived from the Choctaw words okla and humma, meaning "red people". It is also known informally by its nickname, "The Sooner State", in reference to the non-Native settlers who staked their claims on land before the official opening date of lands in the western Oklahoma Territory or before the Indian Appropriations Act of 1889, which dramatically increased European-American settlement in the eastern Indian Territory. Oklahoma Territory and Indian Territory were merged into the State of Oklahoma when it became the 46th state to enter the union on November 16, 1907. Its residents are known as Oklahomans, and its capital and largest city is Oklahoma City.

Contents

The Oklahoma Supreme Court meets in the Oklahoma Judicial Center, having previously met in the Oklahoma State Capitol until 2011. [2] The court consists of nine justices nominated by a state commission and appointed by the governor.

Oklahoma Judicial Center

The Oklahoma Judicial Center is the headquarters of the Oklahoma Supreme Court, the Oklahoma Court of Criminal Appeals, and the Judiciary of Oklahoma. Situated near the Oklahoma State Capitol, the original structure, designed by the architectural firm Layton, Hicks & Forsyth, was built between 1929-1930 as the home of the Oklahoma Historical Society and was listed on the National Register of Historic Places as the Oklahoma Historical Society Building in 1990. The society moved to the nearby Oklahoma History Center when it opened in 2005. An annex was completed in 2011.

Oklahoma State Capitol

The Oklahoma State Capitol is the house of government of the U.S. state of Oklahoma. It is the building that houses the Oklahoma Legislature and executive branch offices. It is located along Lincoln Boulevard in Oklahoma City and contains 452,508 square feet of floor area. The present structure includes a dome completed in 2002.

Members of the court are required to be nonpartisan and are prohibited from a number of political activities including campaign contributions. [3]

History

Hall leading to the Oklahoma Supreme Court when it met in the Oklahoma State Capitol. Oklahoma State Capitol (2522082083).jpg
Hall leading to the Oklahoma Supreme Court when it met in the Oklahoma State Capitol.

The Oklahoma Supreme Court was created by the ratification of the Oklahoma Constitution in 1907. [4]

After the construction on the Oklahoma State Capitol, which was completed in 1917, [5] the Oklahoma Supreme Court offices and chamber were housed in the building. Plans to move the offices began in 2006. [5] In 2011, the Oklahoma Supreme Court moved its offices from the Oklahoma State Capitol to the Oklahoma Judicial Center. [2]

Composition

The court consists of a chief justice, a vice-chief justice, and seven associate justices, who are nominated by the Oklahoma Judicial Nominating Commission and are appointed by the governor. After appointment, the justices serve until the next general state election. At that time, they must face a retention election. If retained, they begin a six-year term. After their first term, justices must file for direct election by the people of Oklahoma to retain their position. [6] [7]

Governor of Oklahoma head of state and of government of the U.S. state of Oklahoma

The governor of the State of Oklahoma is the head of state for the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma. The governor is the ex officio Commander-in-Chief of the Oklahoma National Guard when not called into federal use. Despite being an executive branch official, the governor also holds legislative and judicial powers. The governor's responsibilities include making yearly "State of the State" addresses to the Oklahoma Legislature, submitting the annual state budget, ensuring that state laws are enforced, and that the peace is preserved. The governor's term is four years in length.

Unlike the Supreme Court of the United States, the Oklahoma Constitution specifies the size of the Oklahoma Supreme Court. However, the legislature maintains the power to fix the number of justices. According to Article VII, section 2 of the Oklahoma Constitution, the court must consist of nine justices, one justice from each of the nine judicial districts of the state.

Qualification, appointment process and tenure

Each justice, at the time of his or her election or appointment, must be at least thirty years old, a registered voter in the Supreme Court judicial district they represent for at least one year before filing for the position and a licensed practicing attorney or judge (or both) in Oklahoma for five years before appointment. The potential justice must maintain certification as an attorney or judge during his or her tenure in office in order to main their position. [6]

Qualified nominees must submit their names to the Oklahoma Judicial Nominating Commission to verify that they will serve if appointed. In the event of a vacancy on the court, after reviewing potential justices, the commission must submit three names to the governor, of whom the governor appoints one to the Supreme Court to serve until the next general state election. If the governor fails to appoint a justice within sixty days, the chief justice may appoint one of the nominees, who must certify their appointment to Secretary of State of Oklahoma. [8]

Each time a justice of the Oklahoma Supreme Court is elected to retain his or her position in the general state elections, he or she continues to serve for another six years in office with a term beginning on the second Monday in January following the general election. Justices appointed to fill vacancies take office immediately and continue to serve in their appointed posts until the next general election. To be eligible to stand for reelection, justices must, within sixty days before the general election, submit their desire to stand for reelection to the Secretary of State. [9]

The justice is then put to election by the people of Oklahoma. If the majority votes to maintain the justice, the justice will serve for another six-year term. However, if the justice declines reelection or the voters vote the justice down, the seat on the Supreme Court shall be considered vacant at the end of the current term and the Judicial Nominating Commission must search for a potential replacement. Justices who have failed to file for reelection or were not retained by the people in the general election are not eligible to immediately succeed themselves. [9]

Retention in office may be sought for successive terms without limit as to number of years or terms served in office. [9]

Jurisdiction and powers

Section 4 of Article VII of the Oklahoma Constitution outlines the jurisdiction of the Supreme Court of Oklahoma. The appellate jurisdiction of the Supreme Court is co-extensive with that of the state's borders. The court's jurisdiction applies to all cases "at law and in equity," except criminal cases, in which the Oklahoma Court of Criminal Appeals has exclusive appellate jurisdiction. If there is a conflict in determining which court has jurisdiction, the Oklahoma Supreme Court is granted the power to determine which court has jurisdiction, with no appeal from the court’s determination. [1]

Along with Texas, Oklahoma is one of two states to have two courts of last resort; the Oklahoma Supreme Court decides only civil cases, and the Oklahoma Court of Criminal Appeals decides criminal cases. The Oklahoma Supreme Court has only immediate jurisdiction with respect to new first-impression issues, important legal issues, and cases of great public interest. [1] [10] In addition to appeals from the trial courts, the Oklahoma Supreme Court has jurisdiction over all lower courts, excluding the Oklahoma Court on the Judiciary, and the Oklahoma Senate, when that body is sitting as a Court of Impeachment. Judgments of the Oklahoma Supreme Court with respect to the Oklahoma Constitution are considered final. [11] [12]

The court's authority includes the power to temporarily reassign judges. The Oklahoma Supreme Court also maintains the power to appoint an administrative director and staff. The director serves at the pleasure of the court to assist the chief justice in his administrative duties and to assist the Oklahoma Court on the Judiciary when it calls upon the office’s administrative powers. [13]

The court has power to issue, hear and determine writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition and other remedial writs provided in statute and can be given further authority through statute. A justice of the court can issue the writ of habeas corpus to individuals held in custody if petitioned. Writs can be made to appear before any judge in the state. [1]

Aside from hearing cases, the court is also responsible for administering the state's entire judicial system, establishing rules of operation for the state's other courts. The Oklahoma Supreme Court formulates the rules for the practice of law, which govern the conduct of attorneys, and it administers discipline in appropriate cases. Many of the justices make personal appearances to speak to members of the bar, civic clubs, and educational groups. These appearances are made to help citizens understand the court's workings and decision-making process. Justices are also called upon to administer official oaths of office to public officials. [14]

Ethics restrictions

Judicial officers are charged with maintaining the integrity and independence of the judiciary. Justices are required to be nonpartisan and are prohibited from using their office or powers to promote or assist any private interest. Justices may not hold offices in political parties, make speeches for candidates, or contribute to campaigns for political office. [15]

Justices are also forbidden from campaigning for their own re-election unless there is an active opposition to their retention of office. Even if a justices or judges are actively campaigning for retention, they can not personally raise funds for their campaign.

Membership

Current justices

The Justices of the Oklahoma Supreme Court are:

NameDistrictDate of appointmentAppointed byLaw SchoolBirth CityCurrent ageLength of servicePrevious positionsSucceeded
John Reif 1st2007 Brad Henry Tulsa Skiatook, OK 6712 years Oklahoma Court of Civil Appeals (1984–2007)
District Judge, Tulsa County, OK (1981–84)
Assistant District Attorney, Tulsa County, OK (1977–81)
Robert E. Lavender
Vacant2nd Patrick Wyrick
Noma Gurich 3rd2011 Brad Henry Oklahoma South Bend, IN 668 yearsDistrict Judge, Oklahoma County, OK (1998–2011)
Oklahoma Workers' Compensation Court (1989–98)
Private Practice (1979–89)
Marian P. Opala
Yvonne Kauger 4th1984 George Nigh Oklahoma City Colony, OK 8135 yearsJudicial Assistant, Oklahoma Supreme Court (1972–84)
Private Practice (1969–72)
Ralph B. Hodges
James R. Winchester 5th2000 Frank Keating Oklahoma City Clinton, OK 6719 yearsAdministrative Law Judge, Social Security Administration (1997–2000)
District Judge, Caddo County, OK (1983–97)
Private Practice (1979–83)
Alma Wilson
Tom Colbert 6th2004 Brad Henry Oklahoma Oklahoma City, OK 6915 years Oklahoma Court of Civil Appeals (2000–04)
Private Practice (1986–2000)
Assistant District Attorney, Oklahoma County, OK (1984–86)
Daniel J. Boudreau
James E. Edmondson 7th2003 Brad Henry Georgetown Muskogee, OK 7416 yearsDistrict Judge, Muskogee County, OK (1983–2003)
Private Practice (1981–83)
Acting United States Attorney, Eastern Oklahoma District (1981–81)
Assistant United States Attorney, Eastern Oklahoma District (1978–80)
Assistant District Attorney, Muskogee County, OK (1976–78)
Hardy Summers
Doug Combs 8th2010 Brad Henry Oklahoma City Shawnee, OK 679 yearsDistrict Judge, Pottawatomie County, OK (1995–2010)
Private Practice (1977–95)
Assistant Attorney General, State of Oklahoma (1967–77)
Rudolph Hargrave
Richard Darby 9th2018 Mary Fallin Oklahoma Altus, OK 611 yearsDistrict Judge, Jackson County, OK (1986–2018) Joseph M. Watt

Retired justices

There are currently five living retired justices of the Oklahoma Supreme Court: Daniel J. Boudreau, Robert E. Lavender, Steven W. Taylor, and Joseph M. Watt. As retired justices, they no longer participate in the work of the Supreme Court.

NameDate of appointmentDate of retirementAppointed byRetired underLength of serviceSucceeded by
Daniel J. Boudreau 19992004 Frank Keating Brad Henry 5 years Tom Colbert
Robert E. Lavender 19662007 Henry Bellmon Brad Henry 41 years John Reif
Steven W. Taylor 20042016 Brad Henry Mary Fallin 12 years Patrick Wyrick
Joseph M. Watt 19922017 David Walters Mary Fallin 15 years Richard Darby
Patrick Wyrick 20162019 Mary Fallin Kevin Stitt 3 yearsTBD

Seating

Many of the internal operations of the Court are organized by seniority of justices, with the chief justice is considered the most senior member of the court followed by the vice-chief justice, regardless of the length of their service. The other justices are then ranked by the length of their service. During the sessions of the Court, the justices sit according to seniority, with the Chief Justice in the center, the Vice-Chief Justice to chief's immediate right, and the most senior Justice to the chief's immediate left. The remaining justices alternate sides, with the most junior justice being to the chief's furthest left. Thus, as of 2018, from the prospective of the auidiance, the justices sit as follows:

JusticeJusticeJusticeVice Chief
Justice
Chief
Justice
JusticeJusticeJusticeJustice
Seat VacantTom ColbertJames WinchesterNorma GurichDoug CombsYvonne KaugerJames EdmondsonJohn ReifRichard Darby

List of former justices

Notable cases

Prescott v. Oklahoma Capitol Preservation Commission

In Prescott v. Oklahoma Capitol Preservation Commission , Oklahoma citizens challenged the placement of a Ten Commandments Monument on the grounds of the Oklahoma State Capitol under Article 2, Section 5 of the Oklahoma Constitution. The Court ruled, "We hold that the Ten Commandments Monument violates Article 2, Section 5 of the Oklahoma Constitution, is enjoined, and shall be removed". [16] The 7-2 ruling overturns a decision by a district court judge who determined the monument could stay. It prompted calls by a handful of Republican lawmakers for impeachment of the justices who said the monument must be removed. Since the original monument was erected in 2012, several other groups have asked to put up their own monuments on the Capitol grounds. Among them is a group that wants to erect a 7-foot-tall statue that depicts Satan as Baphomet, a goat-headed figure with horns, wings and a long beard. A Hindu leader in Nevada, an animal rights group, and the Church of the Flying Spaghetti Monster also have made requests. [17]

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References

  1. 1 2 3 4 Okla Const. art. VII, § 4, Oklegal.net (accessed May 23, 2013)
  2. 1 2 Hoberock, Barbara. Oklahoma high courts move out of Capitol into Judicial Center, Tulsa World, July 31, 2011 (accessed May 15, 2013)
  3. "Supreme Court Scandal Examined". NewsOK.com. 1997-02-23. Retrieved 2016-12-28.
  4. Stephens, Jerry E. "Judiciary," Encyclopedia of Oklahoma History and Culture Archived May 31, 2010, at the Wayback Machine (accessed May 22, 2013)
  5. 1 2 Oklahoma Capitol, Encyclopedia of Oklahoma History and Culture (accessed May 15, 2013)
  6. 1 2 Okla Const. art. VII, § 2, Oklegal.net (accessed May 23, 2013)
  7. Okla Const. art. VII, § 3, Oklegal.net (accessed May 23, 2013)
  8. Okla Const. art. VIIB, § 4, Oklegal.net (accessed May 23, 2013)
  9. 1 2 3 Okla Const. art. VIIB, § 2
  10. Oklahoma State Court Network. "The Oklahoma Appellate Courts" . Retrieved 2010-04-21.
  11. Okla Const. art. VIIA, § 7 (accessed May 23, 2013)
  12. Okla Const. art. VIII, § 3, Oklegal.net (accessed May 23, 2013)
  13. Okla Const. art. VII, § 6 (accessed May 23, 2013)
  14. Oklahoma State Court Network. "The Supreme Court and the Judicial System" . Retrieved 2010-04-21.
  15. Okla Const. art. VIIB, § 6
  16. "PRESCOTT v. OKLAHOMA CAPITOL PRESERVATION COMMISSION". The Oklahoma State Courts Network – Oklahoma Supreme Court Cases. 30 June 2015. Retrieved 10 July 2015.
  17. "Oklahoma court: Ten Commandments monument must come down". The Associated Press. USA Today, a Gannett Company. 1 July 2015. Retrieved 10 July 2015.

Coordinates: 35°29′32″N97°30′12″W / 35.492282°N 97.503372°W / 35.492282; -97.503372